Brian Dettman | Louisville Personal Injury Lawyer

Brown v. Zach Brothers
Premises Liability - The plaintiff tripped in a gas station parking lot and broke her elbow – a Munfordville jury awarded the plaintiff $85,000 in special damages, but just $7,500 for her pain and suffering Brown v. Zack Brothers Truck Stop, 14-31 Plaintiff: Brian R. Dettman, Dettman & Associates, Louisville Defense: Thomas L. Travis and L. Tucker Willis, Ward Hocker & Thornton, Lexington Verdict: $93,615 for plaintiff less 30% comparative fault Court: Hart, J. Simms, 2-23-16 Sherie Brown, then age 51, was a patron on 12-30-13 at the Zack Brothers Truck Stop in Horse Cave. She arrived early that morning with her husband and planned to go inside and eat – she is a diabetic and observes a strict eating schedule. As Brown left the truck stop, she approached her husband’s big rig. He’s an over-the-road trucker and she accompanies him on his trips. Brown (who was carrying a cup of coffee) caught her left foot in an inch and a half deep crack in the pavement some ten feet from the door. Brown tripped and fell forward several feet. She landed on her elbow and fractured it. The fracture was surgically repaired at U of L Hospital. Despite a course of physical therapy, Brown has continued to complain of pain. There was also proof she will require a second surgery to remove hardware from the initial repair. The injuries were confirmed by the treating Dr. David Seligson, Orthopedics, Louisville. In this lawsuit Brown alleged negligence by Zack Brothers in failing to maintain the parking lot. She cited proof that the current owner (who has had the property for eight years) hadn’t done any resurfacing, inspection or repairs. If she prevailed she sought her medicals of $60,815 plus $50,000 more for future care. The jury could also award her $500,000 for past and future suffering in two categories. Zack Brothers denied fault and blamed the fall on Brown’s own inattention. To the crack itself, the defense suggested it was, (1) open and obvious, and (2) of the normal variety that one would observe on any paved surface. A defense IME, Dr. Rick Lyons, Orthopedics, Lexington, disputed the need for a future surgery. This case was tried for two days in Munfordville. The jury first found that Zack Brothers had failed to exercise ordinary care to maintain its premises. The jury also found Brown at fault. The fault was then apportioned 70% to the truck stop and the remaining 30% to Brown. Turning to damages Brown took her medicals as claimed plus $25,000 for future care. She was awarded $5,000 for past suffering and $2,500 more for in the future. The raw verdict totaled $93,615. It was reduced by comparative fault in the court’s judgment to $65,320. The defense offer of judgment before trial had been for $45,000. Read from documents in Brown v. Zack Brothers Truck Stop: